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How are excess claim fees handled in ex parte reexamination requests?

By russ.krajec@blueironip.com | September 29, 2024

Excess claim fees may apply to ex parte reexamination requests under certain circumstances: When the request is filed by the patent owner The request includes a proposed amendment in accordance with 37 CFR 1.530 The MPEP states: “In addition, regardless of which filing fee is submitted, if the request under 35 U.S.C. 302 is filed…

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How does the USPTO handle excess claim fees for PCT applications entering the national stage?

By russ.krajec@blueironip.com | September 27, 2024

The USPTO has specific rules for handling excess claim fees in PCT applications entering the national stage. According to MPEP 1893.01(c): “Excess claims fees, if any, due under 37 CFR 1.492(d)-(e) based on the number of claims present in the application on filing must be paid within the time period set forth in 37 CFR…

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